M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) PETITIONER has prayed for quashing the order dated 8.1.2004 passed by ACJM Rajmahal in Barharwa P.S. Case No. 48/03 whereby he has held that prima facie case has made out against the petitioner under Section 304B/34, IPC and issued summons to the petitioner. It appears that on the basis of written complaint made by the informant to the Superintendent of Police, Sahebganj, case was registered against the petitioners and one Manoj Rajak under Section 304B/34, IPC. The police took up charge for investigation of the case and on inspection it was found that there is no evidence against the petitioners and, thereafter petitioners were not sent up for trial and the case found true only against Manoj Rajak for an offence under Section 300, IPC and the police submitted final report/charge -sheet on 30.11.2003 in the Court of ACJM Rajmahal.
(3.) FROM perusal of FIR and statement of various witnesses recorded in the case diary and also on the basis of the postmortem report the Magistrate held that prima facie case is made out under Section 304B/34, IPC against the petitioners and accordingly summons were issued.;